19700817 TZHC Mwanza

19700817 TZHC Mwanza

Desertion was proved by appellant's deliberate refusal to cohabit and have marital intercourse for over two years, entitling respondent to divorce under statutory and customary law.

Source-derived case information.

Citation
19700817 TZHC Mwanza
Parties
Appellant: Thila S/a Geledi; Respondent: Shita d/o Luilsi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 1970
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
marriage dissolved
Legal Topics
Marriage Dissolution, Desertion, Cohabitation
Source Language
english
Family Law Marriage Dissolution Desertion Cohabitation

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Summary, issues, holding and outcome

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Parties

Thila S/a Geledi

Appellant

Shita d/o Luilsi

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether desertion was proved to justify dissolution of marriage
  2. 2 Whether refusal of marital intercourse constitutes desertion under section 160 of the Law of Persons

Ratio Decidendi

Desertion was proved by appellant's deliberate refusal to cohabit and have marital intercourse for over two years, entitling respondent to divorce under statutory and customary law.

Court Disposition

marriage dissolved

Orders

  • Marriage between appellant and respondent dissolved
  • Costs to be borne by each party